Bought Before Marriage, Paid During Marriage: Who Owns the House in a Turkish Divorce?
- Onur ÇALIŞICI
- Dec 28, 2025
- 4 min read
"I bought the house before we met, so it remains 100% mine, right?"
This is the most common misconception in Turkish divorce cases. While the Title Deed (Tapu) might carry only one name, the financial reality is often more complex.
If any mortgage payments, renovation costs, or loans were paid using marital funds (salary, income) during the marriage, the "commingling" of assets creates a significant financial claim for the other spouse.
In this guide, we break down the mathematical formulas Turkish Family Courts use to calculate "Contribution Claims" and separate "Personal Goods" from "Acquired Goods."
The Core Concept: Personal vs. Acquired Property
Under the Turkish Civil Code (post-2002), distinguishing between what you owned before and what you paid for during the marriage is the foundation of asset liquidation.
🔒 Personal Goods (Kişisel Mallar): Assets purchased before the marriage or acquired via inheritance/gift. These are generally immune from division.
🤝 Acquired Goods (Edinilmiş Mallar): Assets (or parts of assets) paid for with labor income or savings during the marriage.
The Friction Point: Legal conflict arises when these categories mix—specifically, when a house is bought before marriage (Personal) but the mortgage is paid off during the marriage (Acquired).
The "Credit Calculation" Formula
When a property is financed via credit, the court does not simply look at the title deed. It calculates the proportion of the asset financed by marital funds.
The Step-by-Step Calculation:
Identify the "Acquired" Portion: Any loan payments made during the marriage are considered "Acquired Property," regardless of whose specific salary paid the bill.
Establish the Ratio: The court calculates the ratio of the credit paid during the marriage to the original purchase price.
Apply to Current Market Value: Critically, the claim is not based on the historical cash paid. It is based on the current market value of the property at the time of the liquidation lawsuit.
Case Study: The Math in Action
To visualize this, consider the following scenario based on Supreme Court precedents:
Original Purchase Price: 100,000 TL
Credit Paid During Marriage: 40,000 TL (using marital funds)
The Ratio: 40% of the home's value is attributed to marital effort.
At the time of the Divorce Case: The house has appreciated and is now worth 200,000 TL.
The "Acquired" Pool: 40% of 200,000 TL = 80,000 TL.
The Settlement: Since acquired goods are split 50/50, the non-owner spouse is entitled to 40,000 TL (Half of the Acquired Pool).
💡 Key Takeaway: The non-owner spouse gets a share of the current appreciated value, not just the old money they contributed.
The "Equalization" (Denkleştirme) Account
What happens if you sell a bachelor pad to buy a family home? This scenario requires an Equalization Account (Denkleştirme) to prevent unfairness.
Example: A husband sells his personal apartment (Personal Property) to make a down payment on a new luxury villa bought during the marriage.
The down payment is recognized as Personal Property within the new house.
This amount (and its ratio to the total value) is subtracted from the total value before the 50/50 split is calculated.
This ensures the transition from "Personal" to "Acquired" does not cause a loss of rights for the original owner.
Renovation & Value Increase Share (Değer Artış Payı)
Beyond mortgage payments, did you invest your own money into your spouse's property?
Scenario: A wife pays for a $30,000 renovation on a house owned by the husband. The Right: She can demand this contribution back. However, she is not limited to the nominal $30,000. She is entitled to the current equivalent value of that contribution relative to the property's current price.
If the house value has doubled since the renovation, her receivable generally doubles as well.
Critical Evidence: How to Prove Your Claim
In these lawsuits, the burden of proof is on the claimant. To secure your rights, you must provide:
Bank Records: Showing loan payments deducted from salary accounts.
Credit Schedules: Original amortization tables from the bank.
Valuation Reports: Proving the historical vs. current value of the property.
⚠️ Lawyer’s Note
Calculating commingled assets involves complex ratios and inflation adjustments. A simple calculation error can cost you significantly.
Whether you are the property owner trying to protect your "Personal Goods" or the spouse claiming a "Contribution Share," you need a strategic financial analysis.
Contact Istanbul Attorneys today to ensure your financial contributions are accurately calculated and protected.
Frequently Asked Questions: Property Division & Pre-Marital Assets
Does my spouse get a share of the house I bought before marriage?
Generally, no. Assets acquired prior to the official marriage date are classified as "Personal Goods" (Kişisel Mallar) and are not subject to the standard 50/50 split. However, if any mortgage payments were made using marital income (salary) during the marriage, your spouse is entitled to a "Contribution Claim" calculated on the value of those specific payments relative to the property's current price.
What happens to property I inherited during the marriage?
Under Turkish Civil Code, assets acquired via inheritance or donation are strictly "Personal Goods," even if received while you were married. Your spouse has no claim over your inherited property unless you "commingled" the asset—for example, by selling an inherited apartment to buy a joint family home. In that case, you must prove the source of funds to protect your share.
We renovated my spouse's pre-marital house. Can I get my money back?
Yes. This falls under "Value Increase Share" (Değer Artış Payı). If you paid for renovations (e.g., new roof, kitchen) that increased the property's value, you are entitled to reimbursement. Crucially, Turkish courts do not just return the nominal cash you paid; they calculate your contribution's ratio and apply it to the property's current market value at the time of the lawsuit.
I was a stay-at-home spouse and didn't pay the mortgage. Do I still have rights?
Yes. The "Participation in Acquired Property" regime applies regardless of who physically paid the bills. If the mortgage was paid from your spouse's salary (labor income), that money is considered "Acquired Property." Therefore, you are generally entitled to 50% of the value generated during the marriage, recognizing your non-monetary contribution to the household.
How do courts calculate the value of the house? Is it the purchase price?
No. This is a critical distinction. Turkish Family Courts use the "Current Market Value" (Tasfiye Tarihindeki Değer) at the time of the liquidation case decision, not the price when you bought the house. This protects the non-owner spouse against inflation and real estate appreciation in Istanbul.
Every marriage is financially unique. Don't rely on generic calculations. Contact Istanbul Attorneys for a precise asset analysis. Call us: +905448091942
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